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European Union (EU)

European Commission Adopts Draft UK Adequacy Decision

February 23, 2021 By Paul Greaves and Wim Nauwelaerts

On February 19, 2021, the European Commission adopted a draft ‘adequacy decision’ in favor of the UK. The adoption of the draft adequacy decision marks the first step in ensuring the continued free flow of personal data from EEA countries to the UK under the EU GDPR. Once (and if) the final adequacy decision is […]

Filed Under: Data Protection, International, Privacy, Regulation Tagged With: Adequacy, Brexit, European Union (EU), GDPR, United Kingdom

The EDPB-EDPS Joint Opinion on Data Processing Standard Contractual Clauses: Key Takeaways

February 4, 2021 By Wim Nauwelaerts

When a controller engages a processor, the GDPR requires that the parties enter into a specific contract that contains certain mandatory provisions. This contract is often referred to as a ‘data processing agreement’ or ‘DPA’. To facilitate compliance with this requirement, the GDPR has provided the European Commission with the power to issue standard contractual […]

Filed Under: Data Protection, GDPR, International, Uncategorized Tagged With: Data Protection, EU Data Protection, European Union (EU), GDPR

Brexit Trade Agreement Provides a Temporary Solution for Companies Transferring Personal Data from the EEA to the UK

January 6, 2021 By Paul Greaves and Wim Nauwelaerts

On December 24, 2020, the EU and the UK reached an agreement on the terms of their future cooperation following the end of the Brexit Transition Period (i.e., following 31 December 2020). The EU-UK Trade and Cooperation Agreement (the ‘Agreement’) contains a temporary solution for companies transferring personal data from the EEA to the UK, […]

Filed Under: Data Protection, GDPR, Privacy Tagged With: Adequacy, Brexit, Cross-border, EU Data Protection, EU Privacy, European Union (EU)

EDPB Emphasizes Joint Controllership between Social Media Providers and ‘Targeters’ in Draft Guidance

September 10, 2020 By Paul Greaves

On September 7, 2020, the European Data Protection Board (‘EDPB’) published its draft guidelines on targeting of social media users (the ‘Guidelines’). The EDPB is accepting feedback from stakeholders on the Guidelines until October 19, 2020. The Guidelines not only provide guidance on the obligations of social media providers (‘Providers’) under the EU General Data […]

Filed Under: Data Protection, ePrivacy, GDPR, Privacy Tagged With: Behavioral Tracking, EU Data Protection, EU Privacy, EU Regulation, European Union (EU), GDPR, GDPR Implementation, Marketing, Regulatory Enforcement, Social Media

German DPA Publishes Schrems II Transfer Compliance Checklist and Suggested Modifications to SCCs

August 26, 2020 By Daniel Felz and Paul Greaves

On August 24, 2020, the data protection authority of the German state of Baden-Württemberg (the “DPA”) published guidance (the “Guidance”) on international transfers of personal data following the Schrems II judgment (which we have previously covered here). This represents the first comprehensive guidance by a European privacy supervisor indicating how it intends to enforce the […]

Filed Under: Data Protection, Enforcement, International, Privacy, Uncategorized Tagged With: Cross-border, European Court of Justice, European Union (EU), GDPR, International Data Transfers, Max Schrems decision, Regulatory Enforcement

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